You Must Know Your Constitution

John Milton’s Paradise Lost is one of the great epic poems in English literature, and it is also one of the longest. Dr Samuel Johnson had written that none wished it longer than it is. The same is often said about India’s written Constitution. As enacted in 1950, it contained 395 Articles (with a glorious chapter on fundamental rights) together with an Appendix of Eight Schedules, occupying in the Official Edition 251 printed pages (As now amended, it has been recently described as “a 146,385 – word tome”!). By October 1947, Constitutional Advisor, B. N. Rau, had prepared the first draft of INDIA’s Constitution, and during two-and-a-half years of intense debate and discussion in the Constituent Assembly, the Constitution of India was ultimately finalised on 26 November 1949. But leading Commonwealth historian of the time was not impressed! Delivering a lecture on India’s Constitution at the University of Madras, in 1951, Sir Ivor Jennings described it as: ‘Too long, too rigid, too prolix’, and said that the dominance in the Constituent Assembly of lawyer-politicians had contributed to its complexity! In fact, he characterised India’s Constitution as ‘a truly oriental display of occidental constitutional devices.’ Harsh words! 26 November 1949 marks the date when the longest constitution in the world was formally adopted to guide the largest democracy in the world. It effectively transformed the British Dominion of India into one nation—the independent Republic of India. The supreme law of the land set forth the workings of Indian democracy and polity, and its provisions aimed to secure justice, liberty, equality, and fraternity for the people of India. As drafted and as conceived, the constitution makes provision for a functioning democracy and not an electoral autocracy, and this is how it has to be worked. It is therefore imperative for all citizens to familiarise themselves with its provisions. In this definitive tome, the author (who commenced his legal practice in the year the constitution was enacted) presents his comments in a style that is comprehensive, lucid, and systematic. The book traces the history and the origins of India’s document of governance and explains its provisions. Some of the salient features of the book include: • An educative and informative exposition of the different parts of the Indian Constitution, including a bird’s-eye view of—and with comments on—all the three hundred and ninety-five articles of the constitution and additions made by constitutional amendments. • Provides references of critical cases and prominent constitutional developments up to 31 July 2023. • Insightfully describes the structure, powers, and directive principles of government institutions. • Contains updated judicial pronouncements and legislative and constitutional amendments. In essence, You Must Know Your Constitution is an immensely readable and insightful compendium, inter alia , for judiciary aspirants, academicians, legal and administrative authorities, policymakers, research scholars, and students as well as for general readers who are interested in exploring the manifold facets of India’s core document of governance. Title Page Copyright Page Dedication Table of Contents INTRODUCTION WHY You Must Know Your Constitution Chapter One From Undivided British India—through Partition—to the Dominion of India, and finally, to the Republic of India Chapter Two (A) How India’s Constitution Almost Never Got Finalised (B) After the Constitution was finalised and came into force—by whom was it to be interpreted? Chapter Three A Roller-Coaster Ride through Twenty-Five Parts of India’s Constitution Chapter Four The ‘Magnificent Prelude’ to the Constitution: Exploring the Preamble and Its Features Chapter Five ‘The Conscience of the Constitution’: Directive Principles of State Policy (Part-IV) and Fundamental Rights (Part-III) Chapter Six The Executive, the Legislature, and the Judiciary (Part-V and Part-VI of the Constitution) Chapter Seven Analysis and Comments on Particular Articles: I. Powers and Privileges of Parliament and State Legislatures, and Their Members (Articles 105 and 194) II. On the Power of the Governor to Grant Pardons and to Suspend, Remit, or Commute Sentences in Certain Cases(Article 161 in Part-VI; III. The Comptroller and Auditor General of India (Articles 147 to 151) IV. (a) Elections (Articles 324 to 329) (b) Election Commission Chapter Eight The Constitution Today and Prospects for the Future Acknowledgements